Clearwater Pedestrian Accident Lawyer
Anyone in Clearwater who was hit while walking, or whose family member was, is probably getting calls from an insurance adjuster before the bruises have even finished developing. King Law Group is a Tampa Bay criminal defense firm that handles only criminal matters, and we serve Clearwater, Pinellas County, and the surrounding region. Because we do not file civil injury claims, a search for a Clearwater pedestrian accident lawyer leads to a question we get from real people: when a pedestrian crash involves a criminal investigation, who needs a defense lawyer, and what does that investigation do to everyone’s civil case?
Pedestrian collisions on roads like US 19, Gulf to Bay Boulevard, and the beach-bound streets rarely stay a simple insurance matter. A driver who struck someone may be looking at a DUI that caused injury, a vehicular homicide investigation, or a charge tied to leaving the scene. A pedestrian may also be questioned about where they were crossing and whether they were impaired. Those criminal outcomes shape what happens in any civil claim, and what anyone says to police in the first hours can matter for years.
Why Choose King Law Group When a Pedestrian Crash Turns Criminal
King Law Group is led by founder Cameron King, a Tampa Bay native and criminal defense attorney who built the firm around one practice area. We serve clients in Clearwater, St. Petersburg, New Port Richey, Tampa, and throughout Pinellas, Pasco, and Hillsborough Counties. Our attorney is available 24/7, and consultations are free, because a crash investigation does not wait for business hours.
Cameron King earned his law degree at Florida State University, concentrating in criminal law, then worked as a Florida state prosecutor handling everything from DUI to murder. He later spent years as a criminal defense attorney at a prominent litigation firm. That background matters in pedestrian cases. Prosecutors deciding whether a crash is a traffic infraction or a felony look at the same reports, toxicology results, and witness statements he evaluated from the other side of the table. We know how those decisions get made.
Former clients describe Cameron King as honest, straightforward, effective, and a tireless advocate. Several mention that he explains each step and returns calls quickly. For someone whose freedom and driving privilege hang on a crash report, that kind of plain communication counts. We handle plea negotiations, bond hearings, and post-case record relief, so one lawyer can stay with a case from arrest forward.
Criminal Charges That Can Follow a Pedestrian Collision
- DUI Causing Injury or Property Damage: A DUI that causes or contributes to damage to another person or their property is a first-degree misdemeanor, which carries up to one year in jail. A pedestrian struck by a driver with a breath alcohol level of 0.08 or higher is the classic fact pattern.
- DUI Manslaughter: Causing a death while committing DUI is a second-degree felony with a mandatory minimum of 4 years in prison, and the license is permanently revoked on conviction. This charge can apply even when the pedestrian was partly at fault.
- Vehicular Homicide: A death caused by reckless driving can be charged without any alcohol involved. A newer law raised it to a first-degree felony for a driver who already has a prior DUI manslaughter or vehicular homicide conviction.
- Leaving the Scene of a Crash: Drivers who panic and drive away from a pedestrian strike often turn a defensible accident into a far more serious case. Hit-and-run investigations in Pinellas County lean heavily on surveillance video and vehicle damage.
- Reckless Driving and Traffic Offenses: Even when no one is charged criminally, a citation for failing to yield or careless driving can be used later as evidence in a civil claim.
- Driving on a Suspended License: If a driver involved in a crash was driving on a suspended, revoked, or canceled license, knowing violations are misdemeanors and can become felonies when the suspension traces to DUI or a fatal or seriously injurious traffic offense.
- Pedestrian Impairment Questions: A pedestrian is not charged with DUI, but a toxicology result may still surface in the investigation and be used to argue fault.
What to Do in the Hours and Days After a Pedestrian Collision
If you were the driver, say as little as you can to officers beyond identifying yourself, and do not volunteer an account of what happened. Florida gives you the right to remain silent and the right to counsel, and officers at a crash scene are building a record. Statements about how much you had to drink, how fast you were going, or whether you saw the person are the pieces prosecutors rely on. Call a criminal defense lawyer before you agree to any interview, and do not delete texts, call logs, or photos on your phone.
If you were the pedestrian or a family member, get medical care first and keep every record. Ask for the crash report number from the responding agency, whether that was the Clearwater Police Department, the Pinellas County Sheriff’s Office, or the Florida Highway Patrol. Photograph the scene, the crosswalk or lack of one, signage, and lighting. Do not give a recorded statement to the other driver’s insurer without advice. Because we practice only criminal defense, we do not handle the injury claim itself, and we will tell you plainly when you need a civil injury attorney alongside us or instead.
Timing in a civil claim is tight. For negligence claims arising after the March 2023 change in Florida law, the general deadline to sue is two years, and wrongful death claims also generally run two years. The earlier four-year period only applies to claims that accrued before that change. Criminal cases move on their own clock, and a pending prosecution often affects when and how a civil claim can be pursued.
Misdemeanor and felony cases in Clearwater are heard through the Sixth Judicial Circuit, and the Pinellas County Justice Center in Clearwater is the main criminal courthouse for the county. Defendants arrested after a serious pedestrian crash often face an early bond hearing, where we can argue for release on reasonable conditions. A DUI arrest also triggers a separate administrative license issue with the Florida Department of Highway Safety and Motor Vehicles, so two tracks start at once, and neither should be ignored.
How Fault Plays Out When the Pedestrian May Share Blame
Florida changed its fault rules in 2023. A plaintiff found more than 50 percent at fault for their own harm now recovers nothing in a negligence case. At 50 percent or less, damages are reduced by the plaintiff’s share. Before the change, Florida allowed recovery even at high percentages of fault.
That rule makes the facts of the crash critical. A pedestrian crossing mid-block at night in dark clothing invites a fault argument that a pedestrian in a marked crosswalk does not. For a driver, the same facts can reduce exposure in a civil claim, and they can also weaken a prosecutor’s causation theory in a criminal one. Where a death or injury is alleged to have been caused by a driver’s impairment, defense work often turns on whether the driver’s conduct, rather than the pedestrian’s choices, actually caused the collision.
Penalties and License Consequences Drivers Should Understand
A first DUI conviction carries a fine between $500 and $1,000 and up to six months in jail. With a breath or blood alcohol level of 0.15 or higher, or a minor in the car, the fine rises to $1,000 to $2,000 and jail up to nine months. Every DUI offender is placed on monthly reporting probation and must complete a substance abuse course through a licensed DUI program, including a psychosocial evaluation.
License consequences can be heavy. A first DUI conviction means revocation of at least 180 days and up to one year, and a first offense involving bodily injury carries a minimum three-year revocation. A second conviction within five years means at least five years, and a third within ten years means at least ten. A DUI manslaughter conviction means permanent revocation. For a defendant who commutes along Clearwater’s bridges and highways to work, those numbers decide whether a job survives.
Common Questions About Pedestrian Crashes and Criminal Exposure
Can the driver be arrested even if the pedestrian was not in a crosswalk?
Yes. Where a pedestrian crossed does not prevent charges if officers believe impairment, speed, or reckless driving contributed to the collision. The pedestrian’s conduct becomes part of the defense, but it does not automatically end the investigation.
Do I need a criminal defense lawyer if no one has been charged yet?
If you were driving and injury or death occurred, it is wise to speak with one early. Investigators can take weeks to receive toxicology results and reconstruct the crash, and charges are sometimes filed long after the incident. Early advice can keep you from making statements that harm you.
Does King Law Group file pedestrian injury lawsuits?
No. We handle criminal defense only. If you were injured and need to pursue compensation, you would need a civil injury attorney. We can explain how a criminal case may affect your claim.
What is the deadline to sue after being hit by a car in Florida?
For claims that accrued after the March 2023 law change, the general negligence deadline is two years, and wrongful death claims also generally run two years. Claims that accrued earlier kept the four-year period. A civil injury lawyer can confirm which applies.
Can a driver be charged if the pedestrian dies days or weeks later?
Yes. If an injured person later dies, prosecutors can upgrade or add charges such as DUI manslaughter or vehicular homicide based on the death. That is why an injury case can change in severity long after the arrest.
What if the pedestrian was partly at fault?
In a civil case, a pedestrian found more than 50 percent responsible recovers nothing, and at 50 percent or less their damages are reduced proportionally. In a criminal case, shared fault does not erase a charge, but it can undercut the prosecution’s theory of causation.
Will refusing a breath test after a crash help me?
Refusal does not make the case disappear. It can bring its own administrative license consequences, and officers may seek a warrant for blood. Talk to a lawyer about your specific situation rather than assuming refusal is safe.
Can a pedestrian be investigated for drinking before the crash?
A pedestrian can be tested at a hospital, and results may appear in records. Walking while intoxicated is not the same as DUI, but those results can be used to argue fault in a civil claim.
How long does a case like this take in the Pinellas County courts?
Misdemeanor cases may resolve in a few months, while felonies involving serious injury or death can take considerably longer because of expert reports, toxicology, and reconstruction. Timelines vary with the facts, so a lawyer can give a realistic estimate after reviewing the file.
Could a conviction be sealed or expunged later?
An adult conviction cannot be sealed or expunged in Florida. Relief is only possible for certain non-conviction outcomes, such as a dismissal, and requires a certificate of eligibility from FDLE. Resolving the case without a conviction is therefore often the whole point.
Is it worth hiring a lawyer for a charge that seems minor?
Often yes. A traffic citation or misdemeanor tied to a pedestrian injury can carry license penalties and can later be used against you in a civil suit. A lawyer can sometimes negotiate a result that limits those downstream effects.
Defending Pedestrian Crash Cases Across Clearwater and Pinellas County
King Law Group defends clients arrested in Clearwater, from downtown and Clearwater Beach to Countryside, Harbor Oaks, Sand Key, and the neighborhoods along Gulf to Bay and Belcher Road. We also serve people in Dunedin, Safety Harbor, Largo, Oldsmar, Tarpon Springs, Seminole, Pinellas Park, Belleair, and St. Petersburg, along with the Pinellas communities that sit along US 19 and the Tampa Bay bridges.
Our work extends into Pasco County, including New Port Richey, Port Richey, Holiday, Hudson, Land O’ Lakes, and Dade City, and into Hillsborough County, including Tampa, Brandon, Temple Terrace, Plant City, and Riverview. Crashes involving pedestrians happen on busy corridors and quiet residential streets alike, and wherever the arrest occurs across the Tampa Bay area, we are ready to take the call.
Speak With a Clearwater Pedestrian Accident Attorney About the Criminal Side
If you were driving in a pedestrian collision and are under investigation, or you were arrested after one, talk to a Clearwater pedestrian accident attorney’s criminal defense counterpart before you speak with police or insurers. Call King Law Group any hour for a free case evaluation. Cameron King will listen to the facts, explain what you are up against, and tell you honestly what can be done.
